Information > Ordinary article > Raiders channel > Mortgage >  text

Borrowing case: the bank lazy to exercise the right guarantor exemption

Time: 2014-08-05         Source: New Legal News         Author: New Legal News

The limitation of litigation


 The case

September 2, 2008, had a bank with Taihe County, signed a "short-term loan contract", the contract agreed: Zeng students to the bank loan 30,000 yuan, the monthly interest rate of 8.40375 ‰, the loan period of two months. On the same day, the defendant Xiao Yuan in the "consent to the letter of intent" on the signature, voluntarily as a guarantor of the borrower, the borrowing principal and interest and other relevant provisions of the law bear joint and several liability.

After the signing of the contract, a bank in Taihe County, according to about to pay a loan of 30,000 yuan. After the expiration of the loan, had only returned the principal 5,000 yuan and part of the interest, interest settled to April 1, 2012. Banks have repeatedly borrowed from Zengsheng, had been born has not returned the remaining principal of 25,000 yuan and the corresponding interest, the bank sued the court, asked to have repaid the principal amount of 25,000 yuan and the corresponding interest; Xiao Yuan on the money Bear joint liability. (The characters are a pseudonym)

  settle a lawsuit

The court held that the Taihe County, a bank and Zeng Sheng, Xiao Yuan between the loan contract relationship to ensure that the contract is established according to law, legal and effective. The bank requires the defendant to repay the principal amount of 25,000 yuan and the corresponding interest in the petition, the submitted loan contracts, loan vouchers, reminders and other evidence can be confirmed, should be supported. Xiao Yuan in the "Consent to ensure that the letter of intent" on the signature, indicating that the voluntary bid for the defendant had a joint liability to ensure that this does not violate the provisions of the law, which should bear the corresponding guarantee responsibility. Because the letter of intent does not stipulate the guarantee period, according to the law, as the creditor of the plaintiff Taihe County, a bank has the right to fulfill their own debt within six months from the date of the guarantor to assume the guarantor. The bank's loan expiry date is November 1, 2008, the bank should be May 1, 2009 before the guarantor Xiao Yuan bear the guarantee responsibility, because the bank did not require the guarantor within the time to assume the guarantee responsibility, so the guarantor to avoid the guarantee responsibility, So the bank asked the defendant Xiao Yuan bear the liability for joint and several liability, the evidence submitted can not be confirmed, not support.

 

【Exclusive manuscripts and disclaimers】 Any work that engages in "360 originals" shall not be reproduced, excerpted or taken in any other way by any organization, organization or individual without the written permission of the financial department. Has been authorized in writing, indicating the source of financial 360. Violation of the above statement against the legitimate rights and interests of financial infringement, will be held in accordance with their legal responsibility. The materials and conclusions in the work are for reference only and do not constitute operational recommendations. For written authorization please send an email to: academy@rong360.com

Comments list (User comments only for users to express their views, does not mean that this site agree with their views or confirm their description)
you may also like
  • 6 kinds of rental exemption clause the landlord is still responsible  Facing the current unattainable housing prices, more young people choose to rent. Rents are inevitable to sign the rental contract, some landlords out of the responsibility to escape the psychological, in the contract by adding a lot of exemption (such as the following six), but in fact these terms do not have legal effect ...
  • Buy two suites contract should be stated "restriction"  Save money in Shanghai, such a first-tier cities to buy a house is not easy, hard money did not change the house in exchange for compensation for 200,000, in the final analysis, or do not understand the tragedy caused by buying rules. Buy a house do not understand the law, at any time by 忽悠, Mr. Chen husband and wife is the victim of the incident ... ... Chen ...
  • Latest Carpool Exemption Agreement Sample  Ride away, fast and save money. This sentence tells the voice of many people, a wave of carpool also followed the sky. However, there are advantages and disadvantages of all things, although the car is a win-win situation, but not afraid of ten thousand afraid of, in order to protect, to avoid accident disputes, a lot of ...
  • Carpool Travel Exemptions Agreement Sample  Ride away, fast and save money. This sentence tells the voice of many people, a wave of carpool also followed the sky. However, there are advantages and disadvantages of all things, although the car is a win-win situation, but not afraid of ten thousand afraid of, in order to protect, to avoid accident disputes, a lot of ...
  • Depreciation of the deposit must clarify the responsibility of the bank  According to media reports, the recent, Zhejiang, Henan, Anhui, Hunan and other places frequent deposits of missing cases. After the deposit is missing, the parties to the bank to take the attitude is not responsible, even if the proceedings are difficult to recover. Internet users pointed out that depositors depositors missing, banks can hardly ...